MAA v EWM [2004] KEHC 746 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

DIVORCE CAUSE NO. 39 OF 2004

MAA ………………………….…….. PETITIONER

- v e r s u s –

EWM ………………………..……… RESPONDENT

J U D G M E N T

The Petitioner filed his petition on 2. 7.04. The respondent was served but did not appear. Registrar Certificate has been issued. In his evidence the petitioner testified that he was lawfully wedded to respondent EWM at Mombasa Memorial Cathedral Church on 27/8/1988 and after the marriage they cohabited in Mombasa. That since April 2000 the respondent has been residing in the Republic of Germany and currently resides in Bonn City while the Petitioner has always resided in Mombasa. Both are domiciled in Kenya. The parties have 3 issues of the marriage surviving namely:-

BMA

MNA

SNA

who are all adults . There has been no previous proceedings in High Court of Kenya, in any of the courts subordinate thereto or elsewhere with reference to this marriage. The complaint is that since the Respondent left home in the year 2000 she has never comeback and has therefore denied the petitioner conjugal rights. Three years have expired since she left. She does not correspond any more. She has confessed to having a man friend in Germany. She is therefore committing adultery. The marriage has broken down completely. The petitioner prays that the marriage be dissolved.

After considering the evidence advanced by the petitioner l am satisfied the respondent is guilty of cruelty of such gravity that it warrants the dissolution of marriage. She is also guilty of desertion. The children of marriage are adults. The petitioner is entitled to get on with his life without being put in a state of uncertainty by his wife. I, therefore, enter judgment for the dissolution of the marriage between the petitioner and respondent. However no order is granted as to costs. I declare Decree Nisi to be made absolute after the expiration of three (3) months.

Dated this 22nd day of November, 2004.

J. KHAMINWA

JUDGE

Read in presence of Ms. Makyoto Advocate for petitioner.

J. KHAMINWA

JUDGE